No. 24-295

Donald Herrington v. Chadwick Dotson, Director, Virginia Department of Corrections

Lower Court: Fourth Circuit
Docketed: 2024-09-16
Status: Denied
Type: Paid
Response Waived Experienced Counsel
Tags: circuit-split criminal-procedure fifth-amendment right-to-counsel sixth-amendment waiver-of-counsel
Key Terms:
FifthAmendment HabeasCorpus JusticiabilityDoctri
Latest Conference: 2024-11-01
Question Presented (AI Summary)

Whether the Fourth Circuit erred in holding that a criminal defendant can waive counsel without being fully informed of the charges, potential defenses, and possible punishments, and whether the court correctly addressed the conflict between Fifth and Sixth Amendment rights

Question Presented (from Petition)

QUESTIONS PRESENTED 1. Whether the Fourth Circuit erred by holding, in conflict with other circuits and a plurality opinion of this Court, that a criminal defendant can validly waive his or her right to counsel without being informed (at least) of “the nature of the charges, the statutory offenses included within them, the range of allowable punishments thereunder, possible defenses to the charges and circumstances in mitigation thereof, and all other facts essential to a broad understanding of the whole matter.” Von Moltke v. Gillies, 332 U.S. 708, 721-24 (1948) (plurality op.). 2. Whether the Fourth Circuit erred, in conflict with decisions of other circuits, by holding that Petitioner was not entitled to relief on the basis of a conflict between his Fifth and Sixth Amendment rights.

Docket Entries

2024-11-04
Petition DENIED.
2024-10-09
DISTRIBUTED for Conference of 11/1/2024.
2024-10-04
Waiver of right of respondent Chadwick Dotson to respond filed.
2024-09-03
Petition for a writ of certiorari filed. (Response due October 16, 2024)

Attorneys

Chadwick Dotson
Erika Lauren MaleyVirginia Office of the Attorney General, Respondent
Erika Lauren MaleyVirginia Office of the Attorney General, Respondent
Donald Herrington
J. Scott BallengerAppellate Litigation Clinic, Petitioner
J. Scott BallengerAppellate Litigation Clinic, Petitioner